Certain Steel Nails From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 22369-22372 [2011-9717]

Download as PDF Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Notices and selling functions FENC performed for selling to home-market customers did not vary by individual customers, we preliminarily determine that all of FENC’s home-market sales constitute a single level of trade. We found that the export-price level of trade was similar to the home-market level of trade in terms of selling activities. Specifically, the levels of expense were similar for the selling functions FENC provided in both markets. Accordingly, we considered the export-price level of trade to be similar to the home-market level of trade and not at a different stage of distribution than the home-market level of trade. Therefore, we matched exportprice sales to sales at the same level of trade in the home market and no levelof-trade adjustment under section 773(a)(7)(A) of the Act is necessary. emcdonald on DSK2BSOYB1PROD with NOTICES Preliminary Results of the Review As a result of this review, we preliminarily determine that a dumping margin of 2.92 percent exists for FENC for the period May 1, 2009, through April 30, 2010. Public Comment We will disclose the documents resulting from our analysis to parties in this review within five days of the date of publication of this notice. See 19 CFR 351.224(b). Any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. See 19 CFR 351.310(c). If a hearing is requested, the Department will notify interested parties of the hearing schedule. Interested parties are invited to comment on the preliminary results of this review. Interested parties may submit case briefs within 30 days of the date of publication of this notice. Rebuttal briefs, which must be limited to issues raised in the case briefs, may be filed not later than 35 days after the date of publication of this notice. Parties who submit case briefs or rebuttal briefs in this review are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument with an electronic version included. We intend to issue the final results of this review, including the results of our analysis of issues raised in any submitted written comments, within 120 days after publication of this notice. Assessment Rates The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. FENC reported the name of the importer of record and the entered value for all of its sales to VerDate Mar<15>2010 16:37 Apr 20, 2011 Jkt 223001 the United States during the period of review. In accordance with 19 CFR 351.212(b)(1), we have calculated an importer-specific assessment rate for the merchandise in question by aggregating the dumping margins we calculated for all U.S. sales to the importer and dividing this amount by the total entered value of those sales. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the period of review produced by FENC for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash-Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of PSF from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash-deposit rate for FENC will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash-deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash-deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer is a firm covered in this review, the cash-deposit rate will be 7.31 percent, the all-others rate established in Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Polyester Staple Fiber From the Republic of Korea and Antidumping Duty Orders: Certain Polyester Staple Fiber From the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 22369 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 14, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–9716 Filed 4–20–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: April 21, 2011. SUMMARY: On February 11, 2011, the Department of Commerce (‘‘Department’’) received a request on behalf of Mid Continent Nail Corporation (‘‘Petitioner’’) for a changed circumstances review and a request to revoke, in part, the antidumping duty order on certain steel nails from the People’s Republic of China (‘‘PRC’’) with respect to four types of steel nails. Petitioner’s request expressed lack of interest in antidumping duty relief from imports of these four specific types of steel nails. In addition to the four physical descriptions of steel nails, Petitioner requested three of the nails include the labels ‘‘roof’’ or ‘‘roofing’’ on the packaging. The Department is preliminarily not adopting Petitioner’s labeling request as an absolute requirement. However, we are preliminarily notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to imports of four specific types of steel nails described below. The Department invites interested parties to comment on these preliminary results. AGENCY: E:\FR\FM\21APN1.SGM 21APN1 22370 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Notices FOR FURTHER INFORMATION CONTACT: Alexis Polovina, AD/CVD Operations, Office 9, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3927. SUPPLEMENTARY INFORMATION: emcdonald on DSK2BSOYB1PROD with NOTICES Background On August 1, 2008, the Department published the antidumping duty order on certain steel nails from the PRC. See Notice of Antidumping Duty Order: Certain Steel Nails From the People’s Republic of China, 73 FR 44961 (August 1, 2008) (‘‘Order’’). On February 11, 2011, Petitioner submitted a request for a changed circumstances review to revoke, in part, the antidumping duty order on certain steel nails from the PRC with respect to four specific types of steel nails. On February 22, 2011, the Department received comments on behalf of Itochu Building Products (‘‘IBP’’) supporting Petitioner’s request for partial revocation of the Order. IBP requested the Department select the date of the preliminary determination of the original investigation as the effective date of the revocation and also conduct an expedited review. On March 1, 2011, the Department received comments on behalf of National Nail Corp. (‘‘National Nail’’) supporting Petitioner’s request for partial revocation of the Order. National Nail also requested that the Department select the date of the preliminary determination of the original investigation as the effective date of revocation and conduct an expedited review. On March 4, 2011, Department officials spoke with counsel representing Petitioner to clarify an inconsistency regarding the effective dates identified in Petitioner’s request,1 and clarified that Petitioner intended for the effective date of the partial revocation to be January 23, 2008, the date of the preliminary determination of the investigation. On March 8, 2011, counsel representing IBP met with Department officials to discuss the effective date.2 On March 24, 2011, the Department received comments on behalf of United Sources Inc. (‘‘United Sources’’) supporting Petitioner’s request for partial revocation of the 1 See Memorandum to the File, From Alexis Polovina, Case Analyst, Regarding Changed Circumstances Review (‘‘CCR’’) of Certain Steel Nails from the People’s Republic of China (‘‘PRC’’): Phone Call with Petitioner, dated March 4, 2011. 2 See Memorandum to the File, Through Alex Villanueva, Program Manager, Office 9, Import Administration, From Timothy Lord, Analyst, Office 9, Import Administration, Regarding Certain Steel Nails from the People’s Republic of China: Meeting with Outside Party, dated March 9, 2011. VerDate Mar<15>2010 16:37 Apr 20, 2011 Jkt 223001 Order. United Sources also requested that the Department select the date of the preliminary determination of the investigation as the effective date of revocation and conduct an expedited review. Scope of the Order The merchandise covered by this proceeding includes certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. Certain steel nails may be of one piece construction or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, whether by electroplating or hot dipping one or more times), phosphate cement, and paint. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted shank styles. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the fastener using a tool that engages with the head. Point styles include, but are not limited to, diamond, blunt, needle, chisel and no point. Finished nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire. Certain steel nails subject to this proceeding are currently classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 7317.00.55, 7317.00.65 and 7317.00.75. Excluded from the scope of this proceeding are roofing nails of all lengths and diameter, whether collated or in bulk, and whether or not galvanized. Steel roofing nails are specifically enumerated and identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails. Also excluded from the scope of this proceeding are corrugated nails. A corrugated nail is made of a small strip of corrugated steel with sharp points on one side. Also excluded from the scope of this proceeding are fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which are currently classified under HTSUS 7317.00.20 and 7317.00.30. Also excluded from the scope of this proceeding are thumbtacks, which are currently classified under HTSUS 7317.00.10.00. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Also excluded from the scope of this proceeding are certain brads and finish nails that are equal to or less than 0.0720 inches in shank diameter, round or rectangular in cross section, between 0.375 inches and 2.5 inches in length, and that are collated with adhesive or polyester film tape backed with a heat seal adhesive. Also excluded from the scope of this proceeding are fasteners having a case hardness greater than or equal to 50 HRC, a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduceddiameter raised head section, a centered shank, and a smooth symmetrical point, suitable for use in gas-actuated hand tools. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order in Part At the request of Petitioner, and in accordance with sections 751(b)(1) and (d)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), and 19 CFR 351.216, the Department is initiating a changed circumstances review of certain steel nails from the PRC to determine whether partial revocation of the antidumping duty order is warranted with respect to the following four types of steel nails: (1) Non-collated (i.e., hand-driven or bulk), two-piece steel nails having plastic or steel washers (caps) already assembled to the nail, having a bright or galvanized finish, a ring, fluted or spiral shank, an actual length of 0.500″ to 8″, inclusive; and an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual washer or cap diameter of 0.900″ to 1.10″, inclusive. (2) Non-collated (i.e., hand-driven or bulk), steel nails having a bright or galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 4″, inclusive; an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive. (3) Wire collated steel nails, in coils, having a galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 1.75″, inclusive; an actual shank diameter of 0.116″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive. (4) Non-collated (i.e., hand-driven or bulk), steel nails having a convex head (commonly known as an umbrella head), a smooth or spiral shank, a galvanized finish, an actual length of 1.75″ to 3″, inclusive; an actual shank diameter of 0.131″ to 0.152″, inclusive; and an actual head diameter of 0.450″ to 0.813″, inclusive. In addition to the physical descriptions of the steel nails subject to this exclusion request, Petitioner included in its request that the following language regarding labeling be E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES added to three of the nails for which Petitioner requested revocation: ‘‘and whose packaging and packaging marking for entries on or after the date of publication of the final results of the changed circumstances review are clearly and prominently labeled ‘‘Roofing’’ or ‘‘Roof’’ nails.’’ 3 The Department considers the physical descriptions of the steel nails to be the defining factor when determining whether certain steel nails meet the proposed nail exclusions. Accordingly, we find that the additional labeling requirement proposed by Petitioner is unnecessary to define the nails subject to this exclusion and we are preliminarily not adopting Petitioner’s labeling requirement. While Petitioner requested that the Department make the effective date of this CCR retroactive to January 23, 2008 (the date of the preliminary determination in the original investigation), the Department does not find this to be consistent with its recent practice. Instead, the Department preliminarily determines that the effective date for the partial revocation of this Order should be August 1, 2009, the earliest date for which entries of certain steel nails have not been subject to a completed administrative review. It is the Department’s practice to revoke (in whole or in part) an antidumping duty order so that the effective date of revocation covers entries that have not been subject to a completed administrative review. See, e.g., Coumarin from the PRC 4 and Aspirin from the PRC.5 Therefore, the Department preliminarily determines that it shall partially revoke, effective August 1, 2009, the antidumping duty order with respect to the four specific steel nails from the PRC outlined in this notice, pursuant to sections 751(b) and (d) and 782(h) of the Act, as well as 19 CFR 351.216 and 351.222(g). Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke an order if it determines that producers accounting for substantially all of the production of the domestic like product have no further interest in the order, in whole or in part. 3 See Petitioner’s Request for Changed Circumstances Review at 3, dated February 11, 2001. 4 See Notice of the Final Results of Changed Circumstances Review and Revocation of the Antidumping Order: Coumarin from the People’s Republic of China, 69 FR 24122 (May 3, 2004) (‘‘Coumarin from the PRC’’). 5 See Notice of Final Results of Changed Circumstances Review and Revocation of the Antidumping Duty Order: Bulk Aspirin from the People’s Republic of China, 69 FR 77726 (December 28, 2004) (‘‘Aspirin from the PRC’’). VerDate Mar<15>2010 16:37 Apr 20, 2011 Jkt 223001 In accordance with section 751(b) of the Act, and 19 CFR 351.216(b), we are initiating this changed circumstances review. Petitioner stated in its February 11, 2011, request that itself, Maze Nails (a division of W.H. Maze Company) (‘‘Maze’’), and Davis Wire (a Heico Wire Group company) (‘‘Davis’’), the remaining three producers from the original group of Petitioners, account for substantially all domestic like product production. Petitioner further stated that Maze and Davis support the request for a changed circumstances review as filed by Petitioner on February 11, 2011.6 In accordance with section 751(b) of the Act and 19 CFR 351.222(g)(1)(i), we find that Petitioner, along with the other domestic producers supporting the request, comprise substantially all of the production of the domestic like product. See Petitioner’s Request for Changed Circumstances Review dated February 11, 2011. Petitioner has expressed a lack of interest in the order, in part, with respect to the four specific steel nails identified above. Moreover, pursuant to 19 CFR 351.221(c)(3)(ii), the Department has determined that expedited action is warranted due to the expression of no interest by Petitioner and the supporting domestic producers in applying the antidumping duty order to the specific four nails identified in this request. Based on the expression of no interest by Petitioner and the supporting domestic producers, and absent any objection by any other interested parties, we have preliminarily determined that the domestic producers of the like product have no interest in the continued application of the antidumping duty order on certain steel nails with respect to the merchandise that is subject to this request. Accordingly, we are notifying the public of our preliminarily results to revoke, in part, the antidumping duty order as it relates to imports of the four specific types of steel nails identified above. Therefore, we intend to change the scope of the order on certain steel nails from the PRC to include the following exclusion: Excluded from the scope are steel roofing nails of all lengths and diameter, whether collated or in bulk, and whether or not galvanized. Steel roofing nails are specifically enumerated and identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails. Also excluded from the scope are the following steel nails: (1) Non-collated (i.e., hand-driven or bulk), twopiece steel nails having plastic or steel washers (caps) already assembled to the nail, 6 Signed statements of support from Maze and Davis are included in Petitioner’s Request for Changed Circumstances Review dated February 11, 2011, at Attachment 1. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 22371 having a bright or galvanized finish, a ring, fluted or spiral shank, an actual length of 0.500″ to 8″, inclusive; and an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual washer or cap diameter of 0.900″ to 1.10″, inclusive; (2) Non-collated (i.e., hand-driven or bulk), steel nails having a bright or galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 4″, inclusive; an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive; (3) Wire collated steel nails, in coils, having a galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 1.75″, inclusive; an actual shank diameter of 0.116″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive; and (4) Non-collated (i.e., hand-driven or bulk), steel nails having a convex head (commonly known as an umbrella head), a smooth or spiral shank, a galvanized finish, an actual length of 1.75″ to 3″, inclusive; an actual shank diameter of 0.131″ to 0.152″, inclusive; and an actual head diameter of 0.450″ to 0.813″, inclusive. Public Comment Interested parties are invited to comment on these preliminary results. Written comments may be submitted no later than 14 days after the date of publication of these preliminary results. Rebuttals to written comments, limited to issues raised in such comments, may be filed no later than 21 days after the date of publication of these preliminary results. The Department will issue the final results of this changed circumstances review, which will include its analysis of any written comments, no later than 270 days after the date on which this review was initiated, or within 45 days if all parties agree to our preliminary results. See 19 CFR 351.216(e). If final partial revocation occurs, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to liquidate, without regard to applicable antidumping duties, all unliquidated entries of nails that meet the above-noted specifications, and to refund any estimated antidumping duties collected on such merchandise entered, or withdrawn from warehouse, for consumption on or after August 1, 2009, the day after the most recent period for which an administrative review was completed. See 19 CFR 351.222(g)(4). The Department will further instruct CBP to refund with interest any estimated duties collected with respect to unliquidated entries of nails from the PRC entered, or withdrawn from warehouse, for consumption on or after August 1, 2009, in accordance with section 778 of the Act. This initiation and preliminary results of review and notice are in accordance with sections 751(b) and 777(i) of the E:\FR\FM\21APN1.SGM 21APN1 22372 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Notices FR 20910) in the Federal Register. On June 30, 2010, in accordance with 19 CFR 351.221(b), we published a notice Dated: April 14, 2011. of initiation of administrative reviews of Ronald K. Lorentzen, 133 companies subject to these orders. Deputy Assistant Secretary for Import See Initiation of Antidumping and Administration. Countervailing Duty Administrative [FR Doc. 2011–9717 Filed 4–20–11; 8:45 am] Reviews and Requests for Revocation in BILLING CODE 3510–DS–P Part, 75 FR 37759 (June 30, 2010) (Initiation Notice). DEPARTMENT OF COMMERCE Subsequent to the initiation of these reviews we published in the Federal International Trade Administration Register the final results of the 2008– [A–427–801, A–428–801, A–475–801, A–588– 2009 administrative reviews of the 804, A–412–801] orders, in which we revoked the antidumping duty order on ball bearings Ball Bearings and Parts Thereof From and parts thereof from the United France, Germany, Italy, Japan, and the Kingdom, in part, with respect to United Kingdom: Preliminary Results merchandise exported or sold by The of Antidumping Administrative and Barden Corporation (U.K.) Limited and Changed-Circumstances Reviews Schaeffler (U.K.) Limited (The AGENCY: Import Administration, Schaeffler Group) effective May 1, International Trade Administration, 2009.1 As a result we rescinded the Department of Commerce. 2009–2010 administrative review of the SUMMARY: In response to requests from order on merchandise from the United interested parties, the Department of Kingdom.2 We have also rescinded the Commerce (the Department) is administrative reviews with respect to conducting administrative reviews of 34 other companies based on the the antidumping duty orders on ball withdrawals of the applicable requests bearings and parts thereof from France, for reviews. See Rescission. Germany, Italy, Japan, and the United On January 14, 2011, we issued a Kingdom for the period May 1, 2009, notice of extension of the deadline for through April 30, 2010. We have completion of the preliminary results of preliminarily determined that sales have reviews from January 31, 2011, to March been made below normal value by 17, 2011. See Ball Bearings and Parts certain companies subject to these Thereof From France, et al.: Extension reviews. We have also preliminarily determined that Schaeffler Technologies of Time Limit for Preliminary Results of Antidumping Duty Administrative GmbH & Co. KG is the successor-ininterest to Schaeffler KG with respect to Reviews, 76 FR 2647 (January 14, 2011). On March 22, 2011, we issued a second the order on ball bearings and parts notice of extension of the deadline for thereof from Germany. completion of the preliminary results of We invite interested parties to reviews from March 17, 2011, to April comment on these preliminary results. 18, 2011. See Ball Bearings and Parts Parties who submit comments in these Thereof From France, et al.: Extension reviews are requested to submit with of Time Limit for Preliminary Results of each argument (1) a statement of the Antidumping Duty Administrative and issue and (2) a brief summary of the Changed-Circumstances Reviews, 76 FR argument. 15940 (March 22, 2011). DATES: Effective Date: April 21, 2011. The period of review is May 1, 2009, FOR FURTHER INFORMATION CONTACT: through April 30, 2010. The Department Thomas Schauer, AD/CVD Operations, is conducting these administrative Office 5, Import Administration, reviews in accordance with section 751 International Trade Administration, of the Tariff Act of 1930, as amended U.S. Department of Commerce, 14th (the Act). Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 1 See Ball Bearings and Parts Thereof From 482–0410. France, et al.: Final Results of Antidumping Duty SUPPLEMENTARY INFORMATION: emcdonald on DSK2BSOYB1PROD with NOTICES Act and 19 CFR 351.216, 351.221, and 351.222. Background On May 15, 1989, the Department published the antidumping duty orders on ball bearings and parts thereof from France (54 FR 20902), Germany (54 FR 20900), Italy (54 FR 20903), Japan (54 FR 20904), and the United Kingdom (54 VerDate Mar<15>2010 16:37 Apr 20, 2011 Jkt 223001 Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order in Part, 75 FR 53661 (September 1, 2010) (AFBs 20). 2 See Ball Bearings and Parts Thereof From France, et al.: Partial Rescission of Antidumping Duty Administrative Review, 75 FR 69402 (November 12, 2010), and Ball Bearings and Parts Thereof From France: Partial Rescission of Antidumping Duty Administrative Review, 76 FR 327 (January 4, 2011) (collectively Rescission). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Scope of the Orders The products covered by the orders are ball bearings and parts thereof. These products include all antifriction bearings that employ balls as the rolling element. Imports of these products are classified under the following categories: Antifriction balls, ball bearings with integral shafts, ball bearings (including radial ball bearings) and parts thereof, and housed or mounted ball bearing units and parts thereof. Imports of these products are classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 3926.90.45, 4016.93.10, 4016.93.50, 6909.19.50.10, 8414.90.41.75, 8431.20.00, 8431.39.00.10, 8482.10.10, 8482.10.50, 8482.80.00, 8482.91.00, 8482.99.05, 8482.99.35, 8482.99.25.80, 8482.99.65.95, 8483.20.40, 8483.20.80, 8483.30.40, 8483.30.80, 8483.50.90, 8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50, 8708.60.80, 8708.93.30, 8708.93.60.00, 8708.99.06, 8708.99.31.00, 8708.99.40.00, 8708.99.49.60, 8708.99.58, 8708.99.80.15, 8708.99.80.80, 8803.10.00, 8803.20.00, 8803.30.00, 8803.90.30, 8803.90.90, 8708.30.50.90, 8708.40.75.70, 8708.40.75.80, 8708.50.79.00, 8708.50.89.00, 8708.50.91.50, 8708.50.99.00, 8708.70.60.60, 8708.80.65.90, 8708.93.75.00, 8708.94.75, 8708.95.20.00, 8708.99.55.00, 8708.99.68, and 8708.99.81.80. Although the HTSUS item numbers above are provided for convenience and customs purposes, the written descriptions of the scope of the orders remain dispositive. The size or precision grade of a bearing does not influence whether the bearing is covered by one of the orders. The orders cover all the subject bearings and parts thereof (inner race, outer race, cage, rollers, balls, seals, shields, etc.) outlined above with certain limitations. With regard to finished parts, all such parts are included in the scope of the orders. For unfinished parts, such parts are included if they have been heattreated or if heat treatment is not required to be performed on the part. Thus, the only unfinished parts that are not covered by the orders are those that will be subject to heat treatment after importation. The ultimate application of a bearing also does not influence whether the bearing is covered by the orders. Bearings designed for highly specialized applications are not excluded. Any of the subject bearings, regardless of whether they may ultimately be utilized in aircraft, E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Notices]
[Pages 22369-22372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9717]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES:  Effective Date: April 21, 2011.

SUMMARY: On February 11, 2011, the Department of Commerce 
(``Department'') received a request on behalf of Mid Continent Nail 
Corporation (``Petitioner'') for a changed circumstances review and a 
request to revoke, in part, the antidumping duty order on certain steel 
nails from the People's Republic of China (``PRC'') with respect to 
four types of steel nails. Petitioner's request expressed lack of 
interest in antidumping duty relief from imports of these four specific 
types of steel nails. In addition to the four physical descriptions of 
steel nails, Petitioner requested three of the nails include the labels 
``roof'' or ``roofing'' on the packaging. The Department is 
preliminarily not adopting Petitioner's labeling request as an absolute 
requirement. However, we are preliminarily notifying the public of our 
intent to revoke, in part, the antidumping duty order as it relates to 
imports of four specific types of steel nails described below. The 
Department invites interested parties to comment on these preliminary 
results.

[[Page 22370]]


FOR FURTHER INFORMATION CONTACT: Alexis Polovina, AD/CVD Operations, 
Office 9, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-3927.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2008, the Department published the antidumping duty 
order on certain steel nails from the PRC. See Notice of Antidumping 
Duty Order: Certain Steel Nails From the People's Republic of China, 73 
FR 44961 (August 1, 2008) (``Order''). On February 11, 2011, Petitioner 
submitted a request for a changed circumstances review to revoke, in 
part, the antidumping duty order on certain steel nails from the PRC 
with respect to four specific types of steel nails.
    On February 22, 2011, the Department received comments on behalf of 
Itochu Building Products (``IBP'') supporting Petitioner's request for 
partial revocation of the Order. IBP requested the Department select 
the date of the preliminary determination of the original investigation 
as the effective date of the revocation and also conduct an expedited 
review. On March 1, 2011, the Department received comments on behalf of 
National Nail Corp. (``National Nail'') supporting Petitioner's request 
for partial revocation of the Order. National Nail also requested that 
the Department select the date of the preliminary determination of the 
original investigation as the effective date of revocation and conduct 
an expedited review. On March 4, 2011, Department officials spoke with 
counsel representing Petitioner to clarify an inconsistency regarding 
the effective dates identified in Petitioner's request,\1\ and 
clarified that Petitioner intended for the effective date of the 
partial revocation to be January 23, 2008, the date of the preliminary 
determination of the investigation. On March 8, 2011, counsel 
representing IBP met with Department officials to discuss the effective 
date.\2\ On March 24, 2011, the Department received comments on behalf 
of United Sources Inc. (``United Sources'') supporting Petitioner's 
request for partial revocation of the Order. United Sources also 
requested that the Department select the date of the preliminary 
determination of the investigation as the effective date of revocation 
and conduct an expedited review.
---------------------------------------------------------------------------

    \1\ See Memorandum to the File, From Alexis Polovina, Case 
Analyst, Regarding Changed Circumstances Review (``CCR'') of Certain 
Steel Nails from the People's Republic of China (``PRC''): Phone 
Call with Petitioner, dated March 4, 2011.
    \2\ See Memorandum to the File, Through Alex Villanueva, Program 
Manager, Office 9, Import Administration, From Timothy Lord, 
Analyst, Office 9, Import Administration, Regarding Certain Steel 
Nails from the People's Republic of China: Meeting with Outside 
Party, dated March 9, 2011.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this proceeding includes certain steel 
nails having a shaft length up to 12 inches. Certain steel nails 
include, but are not limited to, nails made of round wire and nails 
that are cut. Certain steel nails may be of one piece construction or 
constructed of two or more pieces. Certain steel nails may be produced 
from any type of steel, and have a variety of finishes, heads, shanks, 
point types, shaft lengths and shaft diameters. Finishes include, but 
are not limited to, coating in vinyl, zinc (galvanized, whether by 
electroplating or hot dipping one or more times), phosphate cement, and 
paint. Head styles include, but are not limited to, flat, projection, 
cupped, oval, brad, headless, double, countersunk, and sinker. Shank 
styles include, but are not limited to, smooth, barbed, screw threaded, 
ring shank and fluted shank styles. Screw-threaded nails subject to 
this proceeding are driven using direct force and not by turning the 
fastener using a tool that engages with the head. Point styles include, 
but are not limited to, diamond, blunt, needle, chisel and no point. 
Finished nails may be sold in bulk, or they may be collated into strips 
or coils using materials such as plastic, paper, or wire.
    Certain steel nails subject to this proceeding are currently 
classified under the Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings 7317.00.55, 7317.00.65 and 7317.00.75. Excluded 
from the scope of this proceeding are roofing nails of all lengths and 
diameter, whether collated or in bulk, and whether or not galvanized. 
Steel roofing nails are specifically enumerated and identified in ASTM 
Standard F 1667 (2005 revision) as Type I, Style 20 nails.
    Also excluded from the scope of this proceeding are corrugated 
nails. A corrugated nail is made of a small strip of corrugated steel 
with sharp points on one side. Also excluded from the scope of this 
proceeding are fasteners suitable for use in powder-actuated hand 
tools, not threaded and threaded, which are currently classified under 
HTSUS 7317.00.20 and 7317.00.30. Also excluded from the scope of this 
proceeding are thumbtacks, which are currently classified under HTSUS 
7317.00.10.00.
    Also excluded from the scope of this proceeding are certain brads 
and finish nails that are equal to or less than 0.0720 inches in shank 
diameter, round or rectangular in cross section, between 0.375 inches 
and 2.5 inches in length, and that are collated with adhesive or 
polyester film tape backed with a heat seal adhesive. Also excluded 
from the scope of this proceeding are fasteners having a case hardness 
greater than or equal to 50 HRC, a carbon content greater than or equal 
to 0.5 percent, a round head, a secondary reduced-diameter raised head 
section, a centered shank, and a smooth symmetrical point, suitable for 
use in gas-actuated hand tools. While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this proceeding is dispositive.

Initiation and Preliminary Results of Changed Circumstances Review, and 
Intent To Revoke Order in Part

    At the request of Petitioner, and in accordance with sections 
751(b)(1) and (d)(1) of the Tariff Act of 1930, as amended (``Act''), 
and 19 CFR 351.216, the Department is initiating a changed 
circumstances review of certain steel nails from the PRC to determine 
whether partial revocation of the antidumping duty order is warranted 
with respect to the following four types of steel nails:

    (1) Non-collated (i.e., hand-driven or bulk), two-piece steel 
nails having plastic or steel washers (caps) already assembled to 
the nail, having a bright or galvanized finish, a ring, fluted or 
spiral shank, an actual length of 0.500'' to 8'', inclusive; and an 
actual shank diameter of 0.1015'' to 0.166'', inclusive; and an 
actual washer or cap diameter of 0.900'' to 1.10'', inclusive.
    (2) Non-collated (i.e., hand-driven or bulk), steel nails having 
a bright or galvanized finish, a smooth, barbed or ringed shank, an 
actual length of 0.500'' to 4'', inclusive; an actual shank diameter 
of 0.1015'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.500'', inclusive.
    (3) Wire collated steel nails, in coils, having a galvanized 
finish, a smooth, barbed or ringed shank, an actual length of 
0.500'' to 1.75'', inclusive; an actual shank diameter of 0.116'' to 
0.166'', inclusive; and an actual head diameter of 0.3375'' to 
0.500'', inclusive.
    (4) Non-collated (i.e., hand-driven or bulk), steel nails having 
a convex head (commonly known as an umbrella head), a smooth or 
spiral shank, a galvanized finish, an actual length of 1.75'' to 
3'', inclusive; an actual shank diameter of 0.131'' to 0.152'', 
inclusive; and an actual head diameter of 0.450'' to 0.813'', 
inclusive.

    In addition to the physical descriptions of the steel nails subject 
to this exclusion request, Petitioner included in its request that the 
following language regarding labeling be

[[Page 22371]]

added to three of the nails for which Petitioner requested revocation: 
``and whose packaging and packaging marking for entries on or after the 
date of publication of the final results of the changed circumstances 
review are clearly and prominently labeled ``Roofing'' or ``Roof'' 
nails.'' \3\ The Department considers the physical descriptions of the 
steel nails to be the defining factor when determining whether certain 
steel nails meet the proposed nail exclusions. Accordingly, we find 
that the additional labeling requirement proposed by Petitioner is 
unnecessary to define the nails subject to this exclusion and we are 
preliminarily not adopting Petitioner's labeling requirement.
---------------------------------------------------------------------------

    \3\ See Petitioner's Request for Changed Circumstances Review at 
3, dated February 11, 2001.
---------------------------------------------------------------------------

    While Petitioner requested that the Department make the effective 
date of this CCR retroactive to January 23, 2008 (the date of the 
preliminary determination in the original investigation), the 
Department does not find this to be consistent with its recent 
practice. Instead, the Department preliminarily determines that the 
effective date for the partial revocation of this Order should be 
August 1, 2009, the earliest date for which entries of certain steel 
nails have not been subject to a completed administrative review. It is 
the Department's practice to revoke (in whole or in part) an 
antidumping duty order so that the effective date of revocation covers 
entries that have not been subject to a completed administrative 
review. See, e.g., Coumarin from the PRC \4\ and Aspirin from the 
PRC.\5\ Therefore, the Department preliminarily determines that it 
shall partially revoke, effective August 1, 2009, the antidumping duty 
order with respect to the four specific steel nails from the PRC 
outlined in this notice, pursuant to sections 751(b) and (d) and 782(h) 
of the Act, as well as 19 CFR 351.216 and 351.222(g).
---------------------------------------------------------------------------

    \4\ See Notice of the Final Results of Changed Circumstances 
Review and Revocation of the Antidumping Order: Coumarin from the 
People's Republic of China, 69 FR 24122 (May 3, 2004) (``Coumarin 
from the PRC'').
    \5\ See Notice of Final Results of Changed Circumstances Review 
and Revocation of the Antidumping Duty Order: Bulk Aspirin from the 
People's Republic of China, 69 FR 77726 (December 28, 2004) 
(``Aspirin from the PRC'').
---------------------------------------------------------------------------

    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that the Department may revoke an order if it determines that producers 
accounting for substantially all of the production of the domestic like 
product have no further interest in the order, in whole or in part.
    In accordance with section 751(b) of the Act, and 19 CFR 
351.216(b), we are initiating this changed circumstances review. 
Petitioner stated in its February 11, 2011, request that itself, Maze 
Nails (a division of W.H. Maze Company) (``Maze''), and Davis Wire (a 
Heico Wire Group company) (``Davis''), the remaining three producers 
from the original group of Petitioners, account for substantially all 
domestic like product production. Petitioner further stated that Maze 
and Davis support the request for a changed circumstances review as 
filed by Petitioner on February 11, 2011.\6\ In accordance with section 
751(b) of the Act and 19 CFR 351.222(g)(1)(i), we find that Petitioner, 
along with the other domestic producers supporting the request, 
comprise substantially all of the production of the domestic like 
product. See Petitioner's Request for Changed Circumstances Review 
dated February 11, 2011. Petitioner has expressed a lack of interest in 
the order, in part, with respect to the four specific steel nails 
identified above. Moreover, pursuant to 19 CFR 351.221(c)(3)(ii), the 
Department has determined that expedited action is warranted due to the 
expression of no interest by Petitioner and the supporting domestic 
producers in applying the antidumping duty order to the specific four 
nails identified in this request.
---------------------------------------------------------------------------

    \6\ Signed statements of support from Maze and Davis are 
included in Petitioner's Request for Changed Circumstances Review 
dated February 11, 2011, at Attachment 1.
---------------------------------------------------------------------------

    Based on the expression of no interest by Petitioner and the 
supporting domestic producers, and absent any objection by any other 
interested parties, we have preliminarily determined that the domestic 
producers of the like product have no interest in the continued 
application of the antidumping duty order on certain steel nails with 
respect to the merchandise that is subject to this request. 
Accordingly, we are notifying the public of our preliminarily results 
to revoke, in part, the antidumping duty order as it relates to imports 
of the four specific types of steel nails identified above. Therefore, 
we intend to change the scope of the order on certain steel nails from 
the PRC to include the following exclusion:

    Excluded from the scope are steel roofing nails of all lengths 
and diameter, whether collated or in bulk, and whether or not 
galvanized. Steel roofing nails are specifically enumerated and 
identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 
20 nails. Also excluded from the scope are the following steel 
nails: (1) Non-collated (i.e., hand-driven or bulk), two-piece steel 
nails having plastic or steel washers (caps) already assembled to 
the nail, having a bright or galvanized finish, a ring, fluted or 
spiral shank, an actual length of 0.500'' to 8'', inclusive; and an 
actual shank diameter of 0.1015'' to 0.166'', inclusive; and an 
actual washer or cap diameter of 0.900'' to 1.10'', inclusive; (2) 
Non-collated (i.e., hand-driven or bulk), steel nails having a 
bright or galvanized finish, a smooth, barbed or ringed shank, an 
actual length of 0.500'' to 4'', inclusive; an actual shank diameter 
of 0.1015'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.500'', inclusive; (3) Wire collated steel nails, in 
coils, having a galvanized finish, a smooth, barbed or ringed shank, 
an actual length of 0.500'' to 1.75'', inclusive; an actual shank 
diameter of 0.116'' to 0.166'', inclusive; and an actual head 
diameter of 0.3375'' to 0.500'', inclusive; and (4) Non-collated 
(i.e., hand-driven or bulk), steel nails having a convex head 
(commonly known as an umbrella head), a smooth or spiral shank, a 
galvanized finish, an actual length of 1.75'' to 3'', inclusive; an 
actual shank diameter of 0.131'' to 0.152'', inclusive; and an 
actual head diameter of 0.450'' to 0.813'', inclusive.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 days after 
the date of publication of these preliminary results. Rebuttals to 
written comments, limited to issues raised in such comments, may be 
filed no later than 21 days after the date of publication of these 
preliminary results. The Department will issue the final results of 
this changed circumstances review, which will include its analysis of 
any written comments, no later than 270 days after the date on which 
this review was initiated, or within 45 days if all parties agree to 
our preliminary results. See 19 CFR 351.216(e).
    If final partial revocation occurs, we will instruct U.S. Customs 
and Border Protection (``CBP'') to liquidate, without regard to 
applicable antidumping duties, all unliquidated entries of nails that 
meet the above-noted specifications, and to refund any estimated 
antidumping duties collected on such merchandise entered, or withdrawn 
from warehouse, for consumption on or after August 1, 2009, the day 
after the most recent period for which an administrative review was 
completed. See 19 CFR 351.222(g)(4). The Department will further 
instruct CBP to refund with interest any estimated duties collected 
with respect to unliquidated entries of nails from the PRC entered, or 
withdrawn from warehouse, for consumption on or after August 1, 2009, 
in accordance with section 778 of the Act.
    This initiation and preliminary results of review and notice are in 
accordance with sections 751(b) and 777(i) of the

[[Page 22372]]

Act and 19 CFR 351.216, 351.221, and 351.222.

    Dated: April 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-9717 Filed 4-20-11; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.